His Federal permit was revoked two years ago, leaving Mr McDonald legally eligible to only enter worksites covered by State industrial relations law.

However, the Royal Commission into the Building and Construction Industry pointed out that the loss of the Federal permit had little effect on Mr McDonald’s actions.

"Despite having his right of entry permit under the Workplace Relations Act 1996 (Commonwealth) revoked, McDonald continued to exercise his right of entry to sites under the Industrial Relations Act 1979 (WA)," the commission’s report says. "In practical terms, McDonald’s loss of authority under the Workplace Relations Act 1996 had little, if any, impact."

The hearing of the matter is set down for June 4. The CFMEU has to file its material by May 2 and those opposing the application, including the Chamber of Commerce and Industry and the Master Builders Association, have to file their material by May 16.

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